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CITY COUNCIL AGENDA REPORT
MEETING DATE: APRIL 19, 2010
AGENDA #: 9B
PREPARED BY: DANETTE PARR, COMMUNITY DEVELOPMENT & NATURAL RESOURCES
DIRECTOR, STEVE ALBRECHT, PUBLIC WORKS DIRECTOR, AND JANE
KANSIER, BUILDING & TRANSPORTATION DIRECTOR
AGENDA ITEM: CONSIDER ACCEPTANCE OF A REPORT REGARDING THE CITY'S
STANDARDIZED DEVELOPMENT CONTRACT AND PLANNED UNIT
DEVELOPMENT PROCESS
DISCUSSION: Introduction
The purpose of this agenda item is to have the City Council give staff direction
regarding the City's standardized development contract and PUD (Planned Unit
Development) process.
History
In 2003, the City Council approved the standardized development contract
currently utilized by the City at the time of final plat approval for new
developments. In addition, the City has a PUD development contract template
that is utilized to detail specific aspect of each PUD that is approved. Since the
time when these development contracts were created, the City has seen a
change in the economic climate related to residential development. As a result,
various issues have arisen in relation to existing developments. Some of the
issues have related to the following:
• Maple Glen 2nd Addition:
- Letter of Credit requirements
- Covenants
• Northwood Meadows:
- Financial institution issues
- PUD contract issues
- Covenants
• Hickory Shores:
- Developer foreclosures
- Installation and maintenance of development amenities
• Jeffers Pond:
- Developer foreclosures
- Installation and maintenance of development amenities
Current Circumstances
Based on the issues described above, as well as concerns that have been
expressed by Council members, developers, and homeowners, staff and the City
Attorney believe it would be beneficial to conduct a workshop to discuss the
consideration of changes to assist in addressing the various concerns.
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ISSUES: If the Council directs staff to schedule the topic for a workshop, it will provide the
Council the opportunity to more closely consider the following questions:
• What additional mechanisms should be put in place to protect the City,
existing taxpayers, developers, and future homeowners?
• Are changes necessary to provide for more stringent protection in relation
to Letters of Credit?
• Once developments are approved, what role should the City take in
respect to the enforcement of various aspects of that development?
• What minimum criteria should be applied when determining the merits of
future PUD's?
• What mechanisms would provide for further protection in relation to
protecting the integrity of approved developments?
FINANCIAL There are no financial impacts if the Council should decide to conduct a
IMPACT: workshop to discuss the various aspects of the issues. However, if the Council
chooses to not take action at this time, longer term financial impacts are likely,
including the dedication of City resources through increased staff time and on
the part of the City Attorney having to address liability concerns.
ALTERNATIVES: 1. Direct staff and the City Attorney to schedule a workshop for Council
discussion and consideration.
2. Table this item for a specific reason.
RECOMMENDED Alternative 1. If Alternative 1 is chosen, the Council will want to provide specific
MOTION: direction in relation to the priority of timing for this workshop topic.
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